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[-] Do Judgments always attach? - Thomas W/FL (18 replies)
9/25/2007 10:25:15 AM (2691 views)
Re: Do Judgments always attach? - Kevin Ahern/CT
9/25/2007 10:54:41 AM (2724 views)

In Connecticut judgments in small claims are effective for 10 years. Judgments in the Superior Court are effective for 20 years. Provided the trial court had jurisdiction over the person of the Defendant...the judgment attaches to the person of the Defendant upon expiration of his appeals period (20 days following entry of judgment by the trial court). There is no appeal from the small claims court in Connecticut., but review of the trial court's judgment can be accomplished by filing a writ of error within two weeks of the small claims court's entry of judgment.

Following the entry of judgment and expiration of the appeals period, there are a number of remedies available to a Connecticut Plaintiff. He can seek immediate recovery of damages through  executions ( property, bank or wage). He can also secure the judgment by recording a judgment lien (in the town hall in which defendant's real estate is located and in the office of the Secretary of State to encumber the Defendant's personal property). This will make the Plaintiff a secured creditor in the event that Defendant files for bankruptcy, and the Defendant does not file within the required period of time to discharge the judgment lien as a preferential transfer. It will also make it difficult for the Defendant to seek an extension of credit ( bank loan, car loan, mortgage, credit cards).

There is also the matter of discovery of assets which the Defendant may try to hide. The Plaintiff can serve the Defendant with a post judgment motion for examination of judgment debtor in which he can force the Defendant to disclose all of his accounts, books, and property records. If the Defendant fails to show up for the examination, the Plaintiff can have a capias issued for the arrest and detention of the Defendant until the Plaintiff can reschedule the motion for examination of judgment debtor. Might  be another 30 to 60 days. During that time the Defendant is locked up in the general prison/jail population along with drug dealers, armed robbers and other desperate characters.  I remember one individual that was locked up in New Haven in a cell with someone that was so violent that he had to be handcuffed to the cell to prevent him from hurting other prisoners. The defendants usually become very anxious to pay the judgment within a few hours/days following incarceration.

It would seem that it would be necessary to record the judgment lien in order to give third parties constructive notice that the judgment encumbered the property, but other states may differ from Connecticut.
If the abstractor missed the judgment lien in his search, and the judgment lien were properly recorded...then I would say he is liable for it. In Connecticut judgment liens need to be refiled/renewed every five years for the appropriate period for which the judgment is effective.

 

 

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Re: Do Judgments always attach? - STEVE MEINECKE/VA
9/25/2007 11:45:36 AM (2649 views)
Steve/Kevin - Thomas W/FL
9/25/2007 12:07:53 PM (2586 views)
Re: Steve/Kevin - Kevin Ahern/CT
9/25/2007 12:19:24 PM (2681 views)
Re: Steve/Kevin - Thomas W/FL
9/25/2007 1:17:13 PM (2616 views)
Re: Steve/Kevin - Wanda Steudel/OH
9/25/2007 3:02:44 PM (2703 views)
Re: Steve/Kevin - STEVE MEINECKE/VA
9/25/2007 3:04:03 PM (2711 views)
Re: Do Judgments always attach? - David Robertson/VA
9/25/2007 5:25:20 PM (2475 views)
You won't believe this... - Thomas W/FL
9/25/2007 5:33:13 PM (2572 views)
Re: You won't believe this... - Kevin Ahern/CT
9/25/2007 6:12:20 PM (2669 views)
Re: You won't believe this... - Thomas W/FL
9/25/2007 11:43:30 PM (2689 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:22 AM (2720 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:23 AM (2674 views)
Re: Do Judgments always attach? - Steph/RI
10/2/2007 9:42:58 AM (2868 views)
Abstractor Humor - Deborah Manion/VA
10/3/2007 11:22:06 AM (2851 views)
Re: Abstractor Humor - Kevin Ahern/CT
10/3/2007 12:42:19 PM (2966 views)
Re: Abstractor Humor - Patrick Scott/IL
10/3/2007 1:13:05 PM (2944 views)
Re: Abstractor Humor - Scott Perry/PA
10/3/2007 5:29:19 PM (2849 views)

[+] Datatrace - Barbara Bennett/IN (10 replies)
9/24/2007 1:42:05 PM (2834 views)

[+] So ATM is Now Servicelink? - DS/NC (7 replies)
9/24/2007 1:10:32 PM (3048 views)

Lost another one, Nationstar - Amy Tatusko/VA
9/24/2007 12:52:13 PM (3197 views)

[+] Equifax fee redux ???? - george Hubka/MI (4 replies)
9/21/2007 11:03:24 PM (2638 views)




[+] TITLE PLANT - LAWANDA  MCMILLIAN/AR (5 replies)
9/21/2007 10:33:43 AM (2742 views)

[+] What would you include? - Amy Tatusko/VA (5 replies)
9/21/2007 8:50:19 AM (2539 views)

[+] Selling company/non-payment/company names - Mike/KS (5 replies)
9/20/2007 5:56:17 PM (2673 views)

[+] Express Finanacial Article - Jay Duncan/MO (9 replies)
9/20/2007 10:47:28 AM (2784 views)

[+] Basically it boils down to this... - Jay Duncan/MO (16 replies)
9/19/2007 5:54:03 PM (2651 views)

Counselor's Title/Lombard,Il - Barbara Bennett/IN
9/19/2007 5:26:28 PM (2892 views)

[+] Financial Dimension...Reduction of fees - Loretta Reed/MD (5 replies)
9/19/2007 5:07:12 PM (2749 views)

[+] Fidelity National Financial - Irving, TX - Scott Perry/PA (1 reply)
9/19/2007 4:16:56 PM (2712 views)

[+] Email from India - Kevin Ahern/CT (9 replies)
9/18/2007 5:31:40 AM (2556 views)

[+] the N symbol - Ron McPherson/IA (2 replies)
9/18/2007 12:57:11 AM (2473 views)


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